Judge`s Reversal Spares Rapist

May 06, 1986|By Kurt Greenbaum, Chicago Tribune.

CARLINVILLE, ILL. — Reversing a decision he made two weeks ago, a Macoupin County judge ruled Monday that Daniel Hines, 24, cannot be sentenced to death for his role in the rape and murder of a 16-year-old Downers Grove girl last July.

In announcing his decision, Circuit Court Judge Joseph Koval said:

``Even if I have a personal preference other than the law, I can`t rely on personal preference. I can`t rely on what the public thinks should occur. I`m certainly aware that Bridget Drobney was sentenced to death without any reason.``

Hines` attorney, Michael Metnick, said prosecutors had used ``Orwellian logic`` to justify the earlier decision. He called Judge Koval ``courageous`` for changing his ruling.

With characteristic indifference, Hines did not react to the judge`s decision. Metnick smiled and slapped the arm of a colleague after the hearing. He said Hines was relieved.

George Drobney, the victim`s father, had no comment after the ruling.

Testimony during Hines` two-week trial indicated that while he had raped Miss Drobney, another man charged in the crime actually stabbed the girl.

Hines` role, ``no matter how terrible, no matter how dastardly, was not a contributing factor`` in Miss Drobney`s death, Koval ruled.

``The injuries (Hines) inflicted were not death wounds,`` the judge said. Two weeks ago, Koval had agreed with the prosecution that Hines was eligible to receive the death penalty. But Monday, in response to a request by Metnick last week, Koval reversed his opinion, saying the prosecution`s argument was weak.

Prosecutors had argued that state law allows the death penalty for more than one suspect if it is unclear who inflicted the ``death blow`` and if their acts were committed almost simultaneously.

Assistant State`s Atty. Diane Brunton also argued that the decision should stand, even though Hines was not present when Drobney was stabbed, because he knew she would eventually be killed.

Metnick said: ``The state has fallen so far short. . . that to talk about it more would be to belabor the point. To say that he (Hines) intended to kill because he saw a knife, that logic escapes me.``

Koval agreed.

``This court had earlier said that the state had, although weakly, crossed the threshold in proving that Daniel Hines should get the death penalty,`` Koval said.

``But the state has to prove beyond a reasonable doubt that the victim was either killed by the defendant or as the result of injuries committed at nearly the same time.``

Koval recalled that although Hines may have injured Drobney while raping her, it was nearly 25 minutes later that she was stabbed to death.

Hines, 24, was convicted April 18 on all 27 counts in the slaying of Miss Drobney, who was in south-central Illinois to attend a family wedding. Robert Turner, 29, and his brother Michael, 19, are awaiting separate trials in the death of Miss Drobney.

Police said Miss Drobney was driving on a dark road when she was pulled over by what she believed was a police car. Hines and the Turners used a flashing red light to make the girl think they were police, prosecutors said. According to testimony during the two-week trial, Hines and the Turners took Miss Drobney to a cornfield, where Hines and Robert Turner raped her.

Robert Turner stabbed and killed the girl, Michael Turner testified.

Hines is scheduled to appear in court again June 23 for a post-trial sentencing hearing.

Metnick said he intends to appeal the conviction of Hines. He said the trial should have been moved instead of being heard in the same county in which Drobney was murdered.